Arguments of Hugh M. Dorsey in the Leo Frank Murder Trial (Delivered 1913, published 1914)
Author: N. Christophulos, Hugh Dorsey
Keywords: Leo Frank; Leo M. Frank; Leo Max Frank; Hugh Dorsey; Mary Phagan; Tom Watson; 1913; 1914; 1915; Atlanta; Georgia; Murder; Rape; Strangulation; ADL; Anti-Defamation League; Jew; Jewish; Judaism; B'nai B'rith; KKK; Racism; Antisemitism; Anti-Semitism; Anti-Jewish; Antijewish; Brooklyn; NY; NYC; Cornell University; Anti-Semite; Steve Oney; Leonard Dinnerstein; Abraham Foxman; Jeffrey Paul Melnick; Elaine Marie Alphin
Publisher: JOHNSON-DALLIS Co., Atlanta, Georgia.
Year: 1913
Language: English
Collection: opensource
Notes: original scanned
Description
The Epic Closing Arguments of Hugh M. Dorsey, August 22, 23 and 25, 1913.
Leo Frank murder trial closing arguments by Hugh Manson Dorsey are published under the title, ARGUMENT OF HUGH M. DORSEY, Solicitor-General, Atlanta Judicial Circuit, AT THE TRIAL OF LEO M. FRANK, Charged with the murder of Mary Phagan. This fascinating 146 page book was produced by Nicholas Christophulos, at 411 Third Street, Macon, Georgia (GA) in 1914, through the Press of THE JOHNSON-DALLIS Co., Atlanta, Georgia.
Introduction Forward, Facts of the Crime, Chronological History of the case written by Nicholas Christophulos, Macon, Georgia (GA), April 20th, 1914. Republished in this book before the arguments by Hugh M. Dorsey begin, is part of an article by Sidney Ormond published originally by Atlanta Constitution, August 27th 1913.
Final Closing Arguments at the Trial of Leo Frank August 22, 23, and 25, 1913
The crescendo and exultation of the Leo M. Frank trial (July 28 to August 21, 1913), before the Jury was polled on August 25, 1913, at 3:56 pm, was delivered in this brilliant presentation, immortalized as The Argument of Hugh M. Dorsey Solicitor General, Atlanta Judicial Circuit at the 1913 Trial of Leo M. Frank.
This masterpiece is the abridged version of the 9+ hour final argument which convinced a Jury of 12 men, with the approval of presiding Judge Leonard Strickland Roan, to convict Leo M. Frank.
Abridged Closing Arguments of Hugh Dorsey
These abridged final arguments of Hugh M. Dorsey at the Trial of Leo M. Frank, containing the text of some, but not all, of the more than nine hours of closing arguments prosecutor Dorsey made in the Fulton County Superior Courtroom on August 22, 23, and 25, 1913. This 146 page book, was published in 1914 and is drawn from the original Leo M. Frank murder trial transcript, which was produced by stenographers during the month long trial. This powerful book containing the Dorsey Arguments in the Frank Trial is extremely rare, less than 2 dozen copies are known, only 18 libraries in the United States have original copies and the other few remaining known examples of this book are in very exclusive collections. Some have claimed there has been a century long effort to make these specimens disappear from every Library and elite collection in the United States of America. Finally a digital version of this book has been made so that it will not be lost forever.
The Trial Transcript Did Not Survive, but the Brief of Evidence, 1913, Did Survive.
Alas, the original 7 volume Leo M. Frank murder trial transcript stenographed on 3,647 pages of cap paper (Bass Rosser, 1914) was stolen from the Georgia State Archives around the early 1960's (Archivist Smith, 2011) and is still missing today, presumed gone forever after 50 years. However, of great historical importance, the abridged version of Leo Frank Murder Trial testimony is recorded in the 1913 Leo Frank Murder Trial Brief of Evidence, which still exists today and captures the answers, but not the questions given during the 29 day trial and this official legal document contain hundreds of pages of testimony, affidavits, facts and evidence available online @ LeoFrank.org.
Leo Frank Trial Brief of Evidence, 1913
The Leo Frank Murder Trial Brief of Evidence was ratified by both the Leo Frank Legal Defense Team and the Prosecution Team led by Hugh M. Dorsey. It is the most important document of all the records in the Leo M. Frank case and should be read by everyone interested in the case.
A Brief Chronology:
Mary Phagan is murdered just after noon on Confederate Memorial Day, Saturday, April 26th 1913 and her body is found by the night watch (night witch) Newt Lee in the early hours of Sunday, April 27th 1913 at 3:17 O'clock in the morning. After police and detectives arrest several people and question dozens more, Leo Frank became the prime suspect and was arrested on Tuesday, April 29th 1913 at 11:30 AM, it would be the last day of Leo Frank's freedom until his lynching on August 17, 1915.
Major Events: The Coroner's Inquest, April 30, 1913 to May 8, 1913
Over 150 people are sworn under oath and testify to questioning in the Coroners Inquest, resulting in Coroner Paul V. Donehoo and his Coroners Jury of 6 men making a unanimous recommendation (7 to 0) that Leo M. Frank be bound over for murder and held accountable before the Grand Jury to review the facts and evidence in the case.
Fulton County Grand Jury Indictment for Leo Frank
More than a dozen police, detectives, and employees testified during the Fulton County Grand Jury. Monteen Stover told the Jury that when she went to collect her pay envelope from Leo Frank at the National Pencil Company, he was not in his office on April 26, 1913, between the designated time between 12:05 pm and 12:10 pm.
After reviewing the facts, evidence and testimony with thorough and serious deliberation, Leo M. Frank was indicted unanimously by a Grand Jury of 21 men (including 4 Jewish members) on Saturday, May 24th 1913. The unanimous vote of 7 to 0 by the Coroners Inquest and Jury, plus the unanimous vote of the Grand Jury of 21 to 0, put Leo Frank at a distinct disadvantage with a total of 28 to 0 against him going into his capital murder trial.
A Trial of the Century
Leo Frank is prosecuted during a 29 day trial beginning on Monday, July 28th 1913 and successfully convicted by a petite Jury of 12 men on Monday, August 25th 1913 (unanimously 13 to 0 including Judge Roan on Tuesday, August 26, 1913), as a result of well thought out, reasoned and logical arguments presented by the Hugh M. Dorsey legal team, a culmination, based on the trial testimony, facts and evidence. The 13 to 0 vote, when added to the 21 to 0 vote of the Grand Jury and 7 to 0 vote of the Coroners Inquest Jury resulted in a 41 to 0 vote against Leo Frank.
Leo Frank appealed the case to the Georgia Supreme Court who ruled the evidence sustained a guilty verdict. Judge Benjamin Hill of the Fulton County Superior Court was so convinced of Leo Frank's guilt after reviewing the Brief of Evidence, that on March 7, 1914, he sentence Leo Frank to be hanged on his 30th Birthday, April 17, 1914!
Appeals
Leo Frank would aggressively pursue two more years of appeals failing each and every time up and down the entire United States Legal System, from the Georgia Superior Court, Georgia Supreme Court, Federal District Courts to the United States of America to the Supreme Court of the United States of America, TWICE! It was Hugh Dorsey that fought against Leo Frank each and everytime and won!
Read and study the best primary and secondary sources
More excellent books and reading on the subject include:
0. The Leo Frank Case (Mary Phagan) Inside Story of Georgia's Greatest Murder Mystery 1913 - The first neutral book written on the subject. Very interesting read.
1. The Murder of Little Mary Phagan by Mary Phagan Kean (Available here on www.Archive.org). Written by Mary Phagan Kean, the great grand niece of Mary Phagan. A neutral account of the events surrounding the trial of Leo Frank. The Murder of Little Mary Phagan is well worth reading and it is a refreshing change from the endless number of Jewish and contemporary books turning the Leo Frank case into a neurotic race obsessed tabloid controversy.
2. American State Trials, volume X (1918) by John Lawson (Available here on www.Archive.org) Tends to be biased in favor of Leo Frank and his legal defense team, this document provides an abridged version of the Brief of Evidence, leaving out some important things said and details when it republishes parts of the trial testimony. Be sure to read the closing arguments of Luther Zeigler Rosser, Reuben Rose Arnold, Frank Arthur Hooper (required reading) and Hugh Manson Dorsey (required reading). For a more complete version of the Leo M. Frank trial testimony, read the 1913 murder trial brief of evidence and you can see what was left out.
3. Argument of Hugh M. Dorsey in the Trial of Leo Frank (Available here on www.archive.org and www.LeoFrank.org). Some but not all of the 9 hours of arguments given to the Jury at the end of the Leo Frank trial. Only 18 Libraries in the world have copies of this books. It can be found here on archive.org thanks to leofrank.org. This is an excellent book and required reading to see how Dorsey in sales vernacular 'closed' a Jury of 12 men and Judge Roan.
4. Leo M. Frank, Plaintiff in Error, vs. State of Georgia, Defendant in Error. In Error from Fulton Superior Court at the July Term 1913, Brief of Evidence. Extremely rare, only 1 copy exists, and it is at the Georgia State Archive.
Three Major Atlanta Dailies: The Atlanta Constitution, The Atlanta Journal, The Atlanta Georgian (Hearst's Tabloid Yellow Journalism), The most relevant issues center around April 28th to August 27th 1913.
5. Atlanta Constitution Newspaper: The Murder of Mary Phagan, Coroner's Inquest, Grand Jury, Investigation, Trail, Appeals, Shanking and Lynching of Leo Frank Case in the Atlanta Constitution Newspaper from 1913 to 1915. http://archive.org/details/LeoFrankCaseInTheAtlantaConstitutionNewspaper1913To1915
6. The Atlanta Georgian newspaper covering the Leo Frank Case from April though August, 1913. http://archive.org/details/AtlantaGeorgianNewspaperAprilToAugust1913
7. The Atlanta Journal Newspaper, April, 28, 1913, through till the end of August, 1913, pertaining to the Leo Frank Case: http://archive.org/details/AtlantaJournalApril281913toAugust311913
Leo Frank confirms he might have been in the bathroom at the time Monteen Stover said his office was empty: See the Atlanta Constitution, Monday, March 9, 1914, Leo Frank Jailhouse Interview
8. Tom Watson's Jeffersonian and Watson's Magazine: Watson's Magazine, January 1915, Watson's Magazine, March 1915; Watson's Magazine, August 1915, Watson's Magazine, September 1915, and Watson's Magazine, October of 1915. (Available here on www.Archive.org). Tom Watson's best work on the Leo M. Frank case was published in September 1915. Watson's five works written collectively on the Leo M. Frank topic, provide logical arguments confirming the guilt of Leo M. Frank with superb reasoning.
These five works are absolutely required reading for anyone interested in the Leo M. Frank Case. Tom Watson's magazine publications surged from 30,000 to 100,000 copies, when it was announced he would be writing on the Leo Frank case. These magazines are extremely rare and very difficult to find.
8.1. The Leo Frank Case By Tom Watson (January 1915) Watson's Magazine Volume 20 No. 3. See page 139 for the Leo Frank Case. Jeffersonian Publishing Company, Thomson, Ga., Digital Source Archive.org
8.2. The Full Review of the Leo Frank Case By Tom Watson (March 1915) Volume 20. No. 5. See page 235 for 'A Full Review of the Leo Frank Case'. Jeffersonian Publishing Company, Thomson, Ga., Digital Source Archive.org
8.3. The Celebrated Case of The State of Georgia vs. Leo Frank By Tom Watson (August 1915) Volumne 21, No 4. See page 182 for 'The Celebrated Case of the State of Georgia vs. Leo Frank". Jeffersonian Publishing Company, Thomson, Ga., Digital Source Archive.org
8.4. The Official Record in the Case of Leo Frank, Jew Pervert By Tom Watson (September 1915) Volume 21. No. 5. See page 251 for 'The Official Record in the Case of Leo Frank, Jew Pervert'. Jeffersonian Publishing Company, Thomson, Ga., Digital Source Archive.org
8.5. The Rich Jews Indict a State! The Whole South Traduced in the Matter of Leo Frank By Tom Watson (October 1915) Volume 21. No. 6. See page 301. Jeffersonian Publishing Company, Thomson, Ga., Digital Source Archive.org
Tom Watson's Jeffersonian Newspaper
9. The Tom E. Watson Digital Papers Archive, the University of North Carolina at Chapel Hill: http://www.lib.unc.edu/dc/watson
Tom W. Brown
10. Notes on the Case of Leo M. Frank, By Tom W. Brown, Emery University, Atlanta, Georgia, 1982.
Leo Frank Archive
11. The Leo Frank Trial Archive: http://www.LeoFrank.org
Leo Frank Georgia Supreme Court Records:
12. Leo Frank Case Georgia Supreme Court Case Records (1,800 pages). http://archive.org/details/leo-frank-georgia-supreme-court-case-records-1913-1914
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Reviewer:
Macro Man -
-
November 4, 2012
Subject:
remarkable closing arguments
Only fools and scoundrels think Leo Frank is innocent.
Reviewer:
threnos -
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May 31, 2012
Subject:
Did Dorsey Make a Mistake?
I was going to leave a review yesterday about how smart Dorsey was and this is what condemns him even more in my mind for having willingly and enthusiastically sent a man he had to have known was innocent to jail but I'm not so sure that he was smart.
I just finished reading something he said essentially defending beastiality over sodomy... Whatever way you look at it beastiality is rape. There is no way an animal can give consent.
However I still believe that Dorsey knew Frank was innocent and Conley was guilty. He had to have known that his whole argument that Conley would have written "done" in the notes and not "did" was contradicted in Conley's own testimony. He knew there was not positive proof that the hair on the lathe was Mary's, that Harris said it may not be. Yet he tried to hit this home to the jury knowing it could be false. He also had to have known that the "make water" reference could have easily have meant the washroom not on the 2nd floor but the black one in the basement.
He didn't care to examine the many contradictions in Conley's tale, to strip them away to find the real truth. The "law" seemed only interested in pointing out to the man where the errors were so he had the opportunity to fix them to further implicate Frank. It didn't matter that often Conley's "fixing" made things more convoluted. As long as Frank was sentenced that was all that counted to Dorsey, Black and the others.
Dorsey did not care about the truth. Dorsey cared about convicting Frank and being "right" in the eyes of the population even if he knew he was wrong, which he was. He'd put too much effort in showing that Frank was guilty to let anything stop him even the truth.
Leo Frank was innocent. All the fancy well made speeches can't change that just as the lynching of Leo Frank was as much an admittance of defeat as anything else. Slaton commuted Frank's sentence. That cannot be changed by one unlawful action. Dorsey and all those who rejoiced at Leo Frank's death not only lost the case in the end but lost a piece of their humanity and soul as well.
For all the BS going around about Frank's alleged "confessions" I found something very strange in this article. Why does Dorsey quote the murder note as saying "That negro fireman down here did this" and not "That negro hire down here did this" which is what it really said? It was only after the trial that Frank's side discovered that the tall man referenced in the notes and who was meant to be incriminated was probably the fireman William Nolle, who was very different in appearance from James Conley. This was against Dorsey and Conley's claim that Frank was trying to frame Newt Lee. However, did Hugh M. Dorsey know all along who Conley was really trying to frame and did he accidentally let slip this knowledge?
Reviewer:
sarahcohen -
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June 17, 2011
Subject:
powerful and long winded
a must read. the argument of hugh m. dorsey in the leo frank trial was considered one of the most remarkable closing arguments ever delivered at the time (1913). i must agree. be sure to also read the 1913 closing arguments of frank arthur hooper in american state trials V. 10 published in 1918.
Reviewer:
L-H -
-
April 25, 2011
Subject:
Not racist at all
How comes that people still believe Leo frank is innocent? At some stage even his wife hadn't believed him anymore or how else will one try to explain why she didnt came to see her husband in court? . Read this book carefully and the only conclusion you can come to is that Leo Frank was the murderer. Even though four of his own people were sitting in the jury he was still found guilty. How much more proof do people need to understand that the Leo Frank case wasn't racist at all?
Reviewer:
manhattansunrise -
-
October 6, 2010
Subject:
Tight and Narrow Navigation
Dorsey's arguments are superb and dynamite, even at times reaching heights of genius. Dorsey creates a tight and narrow lane making it effortless for the Jury, which has now become the 3rd Jury to decide and rule against Frank. Frank is arrested 2 days after the murder and put first before the Coroners Jury unanimously vote against Frank, followed by the Grand Jury unanimously voting 21 to 0 to indict Leo Frank, and then next the Petite Jury of 12 Men and a Judge, vote 13 to 0 against Frank. Then there would be 2 more years of frivolous poorly thought out and even cheesy appeals by Leo M. Frank from 1913 to 1915. So then there would be over a dozen judges voting against Frank.
Selected metadata
| Identifier: | ArgumentsOfHughM.DorseyInTheLeoFrankMurderTrial |
| Mediatype: | texts |
| Rights: | Published in 1914, not in copyright. |
| Identifier-access: | http://www.archive.org/details/ArgumentsOfHughM.DorseyInTheLeoFrankMurderTrial |
| Identifier-ark: | ark:/13960/t9c54cf5q |
| Ppi: | 300 |
| Ocr: | ABBYY FineReader 8.0 |
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